Molitor+v.+Kaneland+Community

Norma Molitor v. Kaneland Community Unit District No. 302 Supreme Court of Illinois Opinion filed December 16, 1959 Background: Thomas Molitor, a minor, by Peter his father, filed suit against Kaneland Community Unit School District when he sustained injuries from the school bus he was riding when the bus left the road due to the bus driver’s negligence. The bus hit a culvert, exploded, and burned. Thomas Molitor was left with permanent and severe burns. Because Molitor was in the “care” of driver of the school bus, Molitor’s father sought judgment in the amount of $56,000. The complaint contained no allegation of the existence of insurance or other nonpublic funds out of which a judgment against the defendant could be satisfied; and the Kaneland Community Unit School District believes they should be immune. Decision and Rationale: Kaneland Community Unit School District was not immune from this case, and was held responsible for the negligence of the bus driver that was driving. School districts are liable for their employees. It is possible for the school district file suit against one of their employees, in the case of negligence, but when a suit is being brought against that person by an outside party, the company, in this case the school district, will be held liable and accountable for the actions that are being taking into consideration. Implications of Teaching: Accidents are bound to happen, but in the case of negligence, when something like this leaves a student severely injured, the person charged with negligence will be attacked from both avenues; the parents and the education system. Because the schools are responsible for the people they hire, they will be held account, along with the accused, for any mishaps that may transpire. This impacts teachers because he puts them under the microscope from every end. Not only will teachers be put in jeopardy, the district in which they are hired in could be put in jeopardy as well. Question: Who is held liable if a student is injured in a school bus accident? Submitted By: Jenna Bass, Megan Good, Chelsea Moody